Definition
"Of summons" is a prepositional phrase used in legal drafting and procedural law to indicate that a particular action, deadline, event, or obligation runs from or is triggered by the service or issuance of a summons. It typically appears in compound phrases such as "return of summons," "service of summons," "waiver of summons," or "proof of summons," each denoting a distinct procedural concept anchored to the summons as the initiating document in civil litigation.
A summons is the formal written notice issued by a court directing a named defendant to appear and respond to a complaint filed against them. The phrase "of summons" connects that document to the procedural step at issue:
1. SERVICE OF SUMMONS: The act of delivering the summons (and typically the complaint) to the defendant in a legally recognized manner, establishing the court's personal jurisdiction over that party and triggering the defendant's obligation to respond.
2. RETURN OF SUMMONS: The procedural filing by which a process server or officer reports back to the court on the manner, date, and circumstances of service — or, in cases of failed service, the inability to effect delivery.
3. PROOF OF SUMMONS: Documentary evidence submitted to the court establishing that service was properly completed, often in the form of an affidavit of service or the officer's return.
4. WAIVER OF SUMMONS: A formal acknowledgment by a defendant that they have received notice of the action and consent to the court's jurisdiction without requiring formal service, eliminating certain procedural formalities while preserving substantive rights.
Why It Matters in Research
Researchers encountering "of summons" in historical sources must pay close attention to the procedural context in which the phrase appears. Prior to the merger of law and equity under modern procedural codes, the summons functioned differently in courts of law versus courts of equity, and the phrase "service of summons" in an equity proceeding might describe something closer to a subpoena ad respondendum than the summons recognized in modern civil practice. This distinction is material when tracing procedural doctrine through pre-code sources.
The return of summons carries particular research significance. Historically, the officer's return was treated as conclusive evidence of service, not easily impeachable by a defendant claiming non-service. Modern courts have moved away from this near-absolute rule, but historical cases and treatises — especially those predating the Federal Rules of Civil Procedure (1938) — will reflect the older, more rigid approach. Researchers working with 19th-century procedural materials should not assume that statements about the conclusiveness of the return reflect current law.
Jurisdictional variation in service requirements also creates traps. Statutes of limitations in many jurisdictions run from "service of summons" rather than from filing, meaning the precise date and manner of service can determine whether a claim is timely. Researchers analyzing historical litigation records should verify which triggering event governed in the relevant jurisdiction and period.
The phrase also appears in default judgment contexts. A court's power to enter a default often depends on proof that the summons was properly served and that the defendant failed to respond within the prescribed period after service. Historical sources addressing defaults will frequently use "of summons" as the anchoring event for calculating the response period.
Historical Dictionary Support
Rapalje & Lawrence does not contain a direct entry for "of summons" as a standalone term. The source material provided under this heading appears to reflect a retrieval anomaly — the entries present concern "renewal, perpetual" in the construction of covenants and the endorsement of promissory notes, which are unrelated to summons practice.
This absence is itself instructive. 19th-century legal dictionaries tended to address the summons as a primary term and treated "of summons" phrases as context-dependent procedural variants rather than independent headwords. Researchers seeking historical dictionary treatment of summons-related procedure will find more useful material under SUMMONS, PROCESS, SERVICE, and RETURN in period dictionaries. Bouvier's Law Dictionary (various editions) provides more systematic treatment of summons and its procedural incidents than Rapalje & Lawrence.
Jurisdictional Note
American jurisdictions vary on whether limitations periods and other deadlines run from issuance of the summons, filing of the complaint, or actual service on the defendant. Federal practice under the Federal Rules of Civil Procedure generally anchors most procedural obligations to the date of service, but state practice diverges significantly and should be independently verified for any jurisdiction-specific research.
Encyclopedia Cross-Reference
See Law Mind Encyclopedia: Civil Procedure — Service of Process; Civil Procedure — Summons and Complaint; Civil Procedure — Default and Default Judgment.